Should I Rush Into Marriage To Acquire Full Custody?

Question:

I am the custodial parent and I have been contemplating going back to court for full custody.

The ex wife is currently working as an escort and is getting ready to start stripping and on top of all that living with the boyfriend at his mother’s house because they got evicted out of their apartment. She only sees her son about once every couple of months when it is convenient for her.

My family thinks that I will not be able to get full custody because I have my fiancé living with me and we are not married yet. They believe that we should rush the marriage before going for full custody. My question is: will me and my fiancé living together without being married affect my receiving full custody?

 

 

 

ANSWER:

You are unclear as to what you mean by “full custody.”

If you mean sole decision making authority, then this sounds like an opportune time to seek that.  You need to decide when and whether to marry your fiancé.  However, you also need to have solid evidence concerning your ex’s job.

Some courts take the opinion that they will not “judge” a person’s job unless you can show a negative impact on the child.  So you should begin to show that mother’s hours are not conducive to raising a child, or that her escort duties cross the line of legality.

 

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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